Justice Dept. Opposes Shield for Reporters
Bill on Sources Called 'Bad Public Policy'
By Howard Kurtz
Washington Post Staff Writer
Wednesday, July 20, 2005; Page A03
The Justice Department is opposing a bipartisan effort on Capitol Hill to protect journalists from having to reveal confidential sources, calling the legislation "bad public policy" that would impair the administration's ability "to effectively enforce the law and fight terrorism."
In testimony prepared for a Senate Judiciary Committee hearing this morning, Deputy Attorney General James B. Comey Jr. says that "imposing inflexible, mandatory standards" would hurt the department on prosecutions involving public health, safety and national security.
The department's stance is a disappointment to lawmakers and news media advocates who have been negotiating with Justice officials and this week scaled back the bill to meet administration objections. Senate sponsors Richard G. Lugar (R-Ind.) and Christopher J. Dodd (D-Conn.) altered the measure to allow prosecutors to compel journalists to testify about sources if that would prevent "imminent and actual harm to national security" and the potential harm outweighs the public interest in unfettered reporting.
Dodd said Justice officials "are making a judgment that this is good politics for them to be opposed." While the legislation faces "a hard mountain to climb," he said, it is aimed not at journalists but at "consumers of information."
"There are numerous instances since the founding of the republic when we have relied on aggressive investigative reporting to get to the bottom of things," Dodd said. "You now have a chilling effect."...
http://www.washingtonpost.com/wp-dyn/content/article/2005/07/19/AR2005071901474.html